okay, here's the short story. husband took 2002 chev. sil. 1ton dully in to lube center for inspection sticker and to get some sort of filter put on. to make a long story short, they drained the oil, forgot to put oil back in; husband drives off for a trip home and pickup starts making all sorts of noise; takes truck back to center and they check it out and finally admits to draining oil and not putting back in. says they will put another motor in at no cost to us. okay, truck has been at garage for 3 weeks and nothing done. they got a motor for it and put it in and decided it was wrong motor so had to find another. it has been in since last tuesday and the truck is still sitting outside with window down sitting out in the elements. my husband is so upset about this and we just don't know what to do. getting mad hasn't helped. any suggestions on what we need to do? don't even know if motor will be any good or not when they do get it in. sorry for long post. any suggestions appreciated.
I hope they provided you with a rental. You should not accept a use motor, Period. Send them a certified letter expressing your concerns and be adamant about a rental and a new factory create engine. No acceptions. Do not take the truck back without your conditions met. A lawyer has to show damages. Proving 'loss everyday" is not going to happen unless the truck is used to generate income, a.k.a. "damages".
Also be aware, that this situation is not all that uncommon. With previous instances, there is shared responsibility in that the owner is responsible for verifying that the oil change was completed, such as having the technician pull the dip stick and verify that there is oil on the dip stick. Also, an owner should look under the vehicle to insure that the oil plug is actually there (this one should not apply, unless it too was missing).
Modern vehicles will have immediate oil indicator lights displayed and it is the responsibility of the owner/driver to verify this. If the light does show, the owner has the responsibility to stop the motor and coast to a stop. If this light was malfunctioning, then you have some liability there too. In your DH situation, you stated (on a public forum, I might add) that his response was to drive back to the oil change service. Sadly, this will have an impact on shared damage between him and the Oil Change Service Provider. Just as it is a home owner’s responsibility to put a tarp on a damaged roof, once they are aware that the roof is damaged, to keep further damage to the homes contents, from occurring. In your situation, the driving of the vehicle further exacerbated the damage by its continued operation.
There must be a mutual decision on how and what type of motor should be used for replacement and an agreed upon time frame. A business, such as this, has insurance for errors and omissions. If the owner does not wish to replace the damaged motor, at their expense, then they should be, at the least, providing you their insurance information. Also, your insurance should provide you a remedy too, and act as an advocate, on your behalf, if you involve them in replacing the damaged engine.
I personally would exhaust all of these points of discussion, without involving litigation. If you do choose litigation, the course would probably be that you take back the truck; the engine is taken apart to prove damage was a result of the error and the original wear and tear of the engine prior to the failure. A new engine is obtained and installed. You would then provide this remedy at your own expense, or agreed amount for totaling of the truck. Then you would have damages to initiate a suit for making you whole. You could always do this yourself, without an attorney; by contacting the local small claims/District Court to learn the procedure in doing this.
Sadly, you will be the one inconvenienced and I am sorry that this had happened.
Bryan very well put. I had started a response to this earlier and never posted as I always hate to hear "Get a lawyer". The only ones that get rich with this are the lawyers and many times it hurts rather than helps the situation.
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immediate oil indicator lights displayed and it is the responsibility of the owner/driver to verify this. If the light does show, the owner has the responsibility to stop the motor and coast to a stop.